Springfield v. Khalit et al

Filing 47

ORDER signed by Magistrate Judge Kendall J. Newman on 1/30/2020 GRANTING 43 Petition for Order Appointing Zakiya Jahan as Guardian Ad Litem for Defendant M. Khalil. Counsel for defendant Khalil and his daughter Zakiya Jahan shall serve a copy of this order on defendant Khalil and his daughter, Zakiya Jahan. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CIRON B. SPRINGFIELD,

Case No. 2:17-cv-2675 JAM KJN P

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v.

Plaintiff, [PROPOSED] ORDER GRANTING
PETITION FOR APPOINTMENT OF
GUARDIAN AD LITEM

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M. KHALIT, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. This action proceeds on plaintiff’s

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third amended complaint alleging that defendants Khalit and Brady denied plaintiff law library

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access in retaliation for his filing of Form 22s and grievances. (ECF No. 20.) This matter is set

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for settlement conference on March 12, 2020. On January 15, 2020, counsel for defendant M.

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Khalil, sued erroneously as M. Khalit, filed a petition to appoint his daughter, Zakiya Jahan, as

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guardian ad litem, due to defendant Khalil’s current and continuing medical condition. Because

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Jahan is represented by counsel, she can be contacted through counsel of record. Good cause

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appearing, the undersigned finds it appropriate to appoint defendant Khalil’s daughter to serve as

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his guardian ad litem during the pendency of this action. Fed. R. Civ. P. 17(c)(2); see Wenger v.

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Canastota Central School Dist., 146 F.3d 123, 125, n. 1 (overruled on other grounds by

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Winkelman v. Parma City School Dist., 550 U.S. 516 (2007).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The petition for an order appointing Zakiya Jahan as guardian ad litem for Defendant M.

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Khalil (ECF No. 43) is granted; and
2. Counsel for defendant Khalil and his daughter Zakiya Jahan shall serve a copy of this

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order on defendant Khalil and his daughter, Zakiya Jahan.

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Dated: January 30, 2020

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/spri2675.gal

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